Promotion rights must adhere to existing regulations governing increments and positions. Regularization after ad-hoc roles is contingent upon verified policies.

ORDER

Urmita Dutta (Sen), Judicial Member:

The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:-

“a) An order quashing and/or setting aside the letters dated 19/26.4.2013, 2.7.2013 and 30/31.7.2013;

b) An order holding that the decision regarding reduction of the pay of the applicant and consequent reduction of pay of the applicant from Rs.8125/- to Rs.7425/- are bad in law and consequently the Memo dated 27.7.2006 and the Memo dated 6.10.2006 are not tenable in law;

c) An order directing the respondents to restore the pay of the applicant to Rs.8125/- which was reduced subsequently and to give all consequential benefits of pay fixation as well as differential pay and allowances with effect from the date the pay of the applicant was reduced;

d) An order directing the respondents to grant all consequential monetary benefits with interest from the date of reduction of pay till its restoration and actual payment of consequential monetary benefits at the rate as to this Hon'ble Tribunal may seem fit and proper and the applicant also prays for exemplary costs;

e) An order directing the respondents to produce/ cause production of all relevant records.

Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

2. The case of the applicant tersely put by the Learned Counsel for the applicant are as under:-

(a) The applicant was initially appointed as Stenographer Grade – III vide Order dated 23.09.1977 (Annexure A/1) in the Office of the Postmaster General, West Bengal Circle, Calcutta in the scale of pay of Rs.330-560/- purely on temporary measure under the Chief Superintendent of Post Offices, Nadia under Krishnanagar Division. The applicant was confirmed on the said post on 01.03.1984 and vide Order dated 07.11.1984, he was transferred to work in place of Sri Anil Kumar Dutta, who was confirmed as Stenographer, Grade-II (Annexure A/2).

(b) As per recommendation of the 3rd Central Pay Commission, an Office Memorandum was issued on 04.10.1975 (Annexure A/3) relating to grant of advance increment to Stenographers (ordinary grade) in sub-ordinate offices for acquiring higher speed in short hand and as per the said O.M., a proficiency test was held on 30.06.1996 by the Staff Selection Commission, New Delhi in which the applicant participated. As the applicant qualified in the said test, he was granted two advance increments as mentioned in the O.M. dated 04.10.1975 vide Order dated 27.03.1987(Annexure A/4). However, it was mentioned in the said Order dated 27.03.1987 that these two increments would not be absorbed in future increments. Thereafter the applicant was promoted on ad hoc basis and transferred as Selection Grade Stenographer under the Senior Superintendent of Post Offices, North Calcutta Division against a vacant post vide Order dated 31.12.1992 (Annexure A/5) with a riderthat he would not have any right for continuance or fixation of pay in the higher grade.

(c) The applicant was promoted on regular basis to the post of Stenographer Grade-II vide Order dated 02.02.1993 and was directed to act as PA (Grade-II) in the Office of the Director of Postal Services, Siliguri by terminating his officiating arrangement, which he was enjoying vide Order dated 31.12.1992. Thereafter vide letter dated 25.08.1998 issued by the Assistant Director of Postal Services (A/cs), Office of the Chief Post Master General, W.B. Circle, Calcutta-700 012, it was informed to the Director General (PAF) Section, DakBhawanSansad Marg New Delhi that th